There is no doubt that divorce can be a nasty period where both parties struggle to cope with the new change. It comes with lots of troubles, and most of the time, lead towards the sharing of property. It becomes an even bigger problem when there are assets to be distributed. The solution, however, is the Qualified Domestic Relations Order (QDRO).

Filing a QDRO is not necessarily a difficult process. All you have to do is draft the order, and forward it to the judge and Plan Administrator, but not without the expert advice and guidance of a QDRO attorney. With an experienced attorney leading you every step of the way, you’re sure of not making mistakes.

Nevertheless, most couples wish to know the time frame allowed to file a Qualified Domestic Relations Order, especially after the divorce papers have been drafted and properly filed. 

Does time matter?

There is no specific amount of time allocated to file a QDRO, but leaving things late is not always a reliable strategy as you may run out of time without even realizing it. It is never too late to file a QDRO. It is best to file it as early as possible, possibly before or after the divorce has been finalized. 

Here are some of the reasons to file a QDRO early.

1. Mortality of the plan participant

Humans are mortal beings, and death can be inevitable and untimely. Once a divorce has been finalized, it is imperative to file a QDRO while both parties are still breathing. The proceeds of the divorce should be divided before anything happens to any party, especially the plan participant. Signing the QDRO on time will ensure all parties are properly compensated before mortality occurs.

2. Unreasonable spending 

A partner may feel he has the most to lose when the divorce procedure is finalized, and so look for means of finishing up resources before the process is completed. A partner may develop some spending habits to avoid giving too much to a spouse who would be leaving anyway. But when the QDRO has been signed on time, the proceeds to be divided will still be intact.

3. Absconding with the funds

In a bid to spend the funds, one partner could leave the current city and move to another one to begin a new life. When a partner absconds with the funds before the QDRO does not get signed on time, there is hardly any way to track him.

4. The judge’s schedule

Obtaining a signature from a judge immediately after the papers have been filed proves to be way easier. It is advisable to get it done as quickly as possible, because the time which is convenient for the couple may be a busy time for the judge.

Although there is no specified time to file a QDRO after a divorce, this post shows how important it is to file the order as soon as possible to avoid the disasters discussed in this article. You definitely can’t go through this process alone as you need an expert versed in QDRO. Feel free to give us a call, or perhaps fill our contact form to begin.